Bellingham City Council

Action Taken at November 7, 2011 Meeting

Shall the council:

222. Modify the agreement between What-Comm and Whatcom County? State law permits counties to impose a 911 excise tax on the use of cell phone switched access lines, radio access lines and interconnected voice over internet protocol service lines. This will be the third modification to the agreement that regulates the usage of 911 tax revenue. The city and the county first entered into an agreement on 12/29/1995 to establish the operation requirements for the What-Comm Communications Center. That agreement was replaced by the current agreement on 6/27/2002. A modification is required because the 911 tax was raised in January 2011. State law requires that the tax be spent on upgrading communications equipment and operations. The agreement will cap spending at $1.5 million for operational costs. Any additional funds will go into “Next Generation” reserves for future use to extend the 911 network to cell phone and internet connections. (AB19373) Approved 7-0

223. Accept a 2012-2013 federal grant for domestic violence and sexual assault? This is a “pass-through” grant which will go to Domestic Violence and Sexual Assault Services of Whatcom County and the city of Ferndale. Bellingham has been applying for and receiving this grant since 2005. The grant amount for the two year time period is $387,218. Half the amount ($193,609) will be placed into the budget for each year. The money will help fund a half-time program coordinator who will work to research and assess risk of domestic and sexual crime in Whatcom County and strengthen county response. (AB19378) Approved 7-0

224. Establish a fiber optic use agreement with the Whatcom County Sheriff’s Office? The sheriff’s office is upgrading their radio dispatch system and will begin using a new microwave hop to the state patrol tower on Airport Way. In order to increase reliability and interact with other radio networks, the sheriff’s office will use the city’s fiber optics system as a link between the state patrol tower and the city dispatch centers. This interlocal agreement will set forth the terms to license the county sheriff’s office for use of the fiber optics system and set an annual fee to cover maintenance and operational costs for the use of the network. (AB19379) Approved 7-0

225. Authorize the mayor to award the only bid of $162,690 to Sail Electric of Bellingham for traffic signal upgrades? Most of this work will take place in downtown Bellingham, replacing aging equipment. There were 81 solicitations viewed and one bid received. (AB19381) Approved 7-0

226. Appropriate $4,589,910 for goods and services checks issued from October 14 through October 27, 2011? (AB19382/19383) Approved 7-0

227. Appropriate $2,455,234 for payroll checks issued from October 11 through October 25, 2011? (AB19384) Approved 7-0

228. Increase the fees for city parks and recreational facilities? The last fee increase was approved at the 12/7/2009 meeting, vote #266. The 2012 user fees for building, field, parking lot and equipment rentals need to be increased by 20 percent over the current fees to cover higher costs for labor, equipment and maintenance supplies. The proposed increases will generate an estimated $45,000. AB19374 (Resolution 2011-26) Approved 7-0

229. Increase Bayview Cemetery rates? The rates were last raised at the 4/11/2011 meeting, vote #64. The rates are being raised again to cover increased costs for equipment, services and overtime labor. The recommended increases are: goods will be marked up approximately 2 percent. Grave prices and burial costs will increase by 10 percent. A new $20 fee will be imposed for the processing of affidavits completed by the heirs to family graves. A new “overtime deposit” will be collected in advance of a service, to cover the costs of running overtime or to be refunded if the service is concluded on time. The proposed increases are effective on 1/1/2012 and will generate an estimated $25,000. AB19375 (Resolution 2011-27) Approved 7-0

230. Renew a 10-year franchise agreement with Olympic Pipe Line Company? The existing non-exclusive franchise that was passed at the 11/5/2001 meeting, vote #65, expires on 12/14/2011. Under its terms the city is required to consider a 10 year renewal upon request. The new franchise will address the issues of operation, maintenance, inspection, testing, relocation, spills and emergency response among other things. The safety agreement will require such measures as remotely monitored pressure gauges and meters and other safety precautions. Olympic will pay the city an annual franchise fee, the amount of which is adjusted every three years. The 2001 fee was $50,000 and the 2010 fee was $60,471. AB19350 (Ordinance 2011-11-60) Approved 7-0

231. Vacate a portion of 26th Street and the alley between Taylor and Douglas avenues? Public ownership of the rights-of-way will be relinquished. At the 12/13/2010 meeting, vote #249, the council approved a request by Western Washington University to rezone their property in Happy Valley from “residential-multi” to “institutional.” The university is now asking for a street and alley vacation in order to facilitate development of their property. Instead of a cash payment for the vacation, the university is offering to dedicate, improve and maintain an open space easement along the eastern side of 25th Street. AB19359 (Ordinance 2011-11-61) Approved 7-0

Action Taken at November 21, 2011 Meeting

Shall the council:

232. Appeal the decision by the state Department of Ecology to issue a National Pollutant Discharge Elimination System construction permit for the Squalicum Ridge Road1 project? The two-mile long road would service 26 homes on 20-acre lots with wells and septic tanks. Since the homes are located within the Lake Whatcom watershed a National Pollutant Discharge Elimination System is required. The NPDES permit requires monitoring and reporting and regulates what substances may be discharged. The state issued the NPDES because the construction permit does not address water supply issues. (Discussed in Executive Session) Approved 7-0

233. Approve a system of measuring the city’s progress toward long range goals? At the 7/13/2009 meeting, vote #147, the council established nine long range goals as legacies (20-50 years) to be maintained for future generations and approved a set of strategic commitments (6-20 years) to accomplish them. City staff has been working since then to develop a system for measuring the city’s progress toward these goals and a format for reporting said progress to the public. Special software was purchased for this purpose in December 2010. A webpage will be set up with a “scorecard” for each of the long-term goals: vibrant sustainable economy, clean safe drinking water, healthy environment, sense of place, safe and prepared community, mobility and connectivity options, access to quality of life amenities, equity and social justice and responsive city services. Public access and more information is available at www.cob.org/metrics (AB19370) Approved 7-0

234. Authorize the mayor to award low bids of $58,816 for precast concrete products? The products to be purchased are meter boxes, utility vaults, catch basins, lids, junction boxes, concrete rings and risers that will be used in water, sewer and storm drain systems. The products have been divided into 22 categories and the low bid will be purchased in each category. Meter box products will be purchased from Lynden Precast; riser and catch basin products from Granite Precasting of Bellingham and junction boxes from Fog Tite of Seattle. There were 47 solicitations viewed and three bids received. (AB19390) Approved 7-0

235. Appropriate $2,225,400 for goods and services checks issued from October 28 through November 10, 2011? (AB19392/19393) Approved 7-0

236. Appropriate $3,708,885 for payroll checks issued from October 26 through November 11, 2011? (AB19394) Approved 7-0

237. Authorize a 1.63 percent increase in the 2012 property tax levy? This increase includes the banked capacity in the 2012 levy and is expected to generate $311,195 for the city. (Without the banked capacity, the figure would be only $191,195.) Additional revenues are expected from new construction, property improvements, increases in assessed property values, new wind turbines, annexations and refunds. At first and seconds readings, council directed staff to provide data to make the necessary calculations to determine the correct numbers before final passage. A motion to accept the version of the ordinance that includes the banked capacity was carried 5-2, Terry Bornemann and Stan Snapp opposed. AB19331 (Ordinance 2011-11-62) Approved 6-1, Terry Bornemann opposed.

238. Amend the municipal code to regulate “unreasonably” loud domestic fowl? The amendment is in response to citizen complaints about noise generated by roosters and turkeys. The term “unreasonable” specifically refers to noise that is repeated, habitual or too loud. Violators can be fined up to $250. The code was amended during committee to replace the word “chickens” with “roosters”; to delete the phrase: “any fowl as defined in 7.04.030(J), including but not limited to;” and to replace the word “peacock” with “peafowl.” AB19360 (Ordinance 2011-11-63) Approved 6-1, Terry Bornemann opposed.

239. Accept and spend $53,524 in donations to the library gift fund? The donations came from Friends of the Bellingham Public Library, other organizations and individuals. The funds will be used for equipment ($11,300), furniture ($9,000), books ($32,000) and digital media ($1,224). AB19380 (Ordinance 2011-11-64) Approved 7-0